254 F. Supp. 3d 329
D.P.R.2017Background
- Indictment charges Alexander Greaux-Gomez with violating 18 U.S.C. § 2423(a) for transporting a minor (Oct–Dec 2016) within Puerto Rico to engage in sexual activity.
- Greaux moved to dismiss count three, arguing § 2423(a) requires interstate or foreign transportation and therefore does not cover intra‑Puerto Rico transport.
- Government opposed; court evaluated whether § 2423(a) criminalizes intra‑commonwealth transport.
- Court reviewed statutory text, congressional amendments (1998) adding "commonwealth," and precedent addressing Mann Act reach.
- Court also considered and rejected Greaux’s equal protection and vagueness challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2423(a) covers transportation that occurs solely within Puerto Rico | Gov: § 2423(a) explicitly applies to transport "in any commonwealth," so intra‑commonwealth transport is covered | Greaux: § 2423(a) requires crossing state/territorial lines; intra‑Puerto Rico transport is not covered | Denied — § 2423(a) covers intra‑commonwealth transport including within Puerto Rico |
| Whether precedents (e.g., Maldonado‑Burgos) compel dismissal | Gov: Maldonado‑Burgos is inapposite to § 2423(a) because it addressed § 2421(a) and different issues | Greaux: Maldonado‑Burgos shows Puerto Rico should be treated so § 2423(a) does not apply intrastate | Denied — Maldonado‑Burgos does not undermine § 2423(a)’s application to intra‑commonwealth transport |
| Whether older decisions (Beach, Crespo) remain controlling | Gov: Beach/Crespo support application of Mann Act to transport wholly within federal jurisdictions like D.C. and Puerto Rico | Greaux: Those cases are outdated given Puerto Rico’s post‑1952 status | Denied — Beach and Crespo remain applicable; Crespo is binding in this circuit |
| Constitutional challenges (Equal Protection, vagueness) | Gov: No evidence of discriminatory intent; statute’s language is clear | Greaux: Application to Puerto Rico residents creates unequal treatment and is vague | Denied — defendant failed to show purposeful discrimination; statutory phrase "in any commonwealth" is not unconstitutionally vague |
Key Cases Cited
- United States v. Vargas‑Cordon, 733 F.3d 366 (2d Cir. 2013) (involved transport from Guatemala to New York; court distinguishes facts)
- United States v. Ngige, 780 F.3d 497 (1st Cir. 2015) (indictment sufficiency standard)
- United States v. Brown, 295 F.3d 152 (1st Cir. 2002) (an indictment may track statutory language if elements are clear)
- United States v. Maldonado‑Burgos, 844 F.3d 339 (1st Cir. 2016) (addressed § 2421(a) and treatment of Puerto Rico for that provision)
- Beach v. United States, 324 U.S. 193 (1945) (Mann Act applied to transport within District of Columbia)
- Crespo v. United States, 151 F.2d 44 (1st Cir. 1945) (First Circuit held Mann Act applies to transportation wholly within Puerto Rico)